Mediation Procedures

I am available to assist the parties in reaching an agreement to mediate. If agreed to, calls will generally be scheduled to secure a general overview of the dispute and to discuss appropriate procedures to employ during the mediation conference. Both In Person and Zoom formats are available.

Providing David with an overview of the dispute is extremely helpful in preparing for the mediation session. This can include:

1. a description of the factual issues
2. a detailed description of damage claims,
3. the latest offers and demands exchanged by the parties
4. any special requests regarding the mediation process.
5. identify what the parties perceive to be any barriers which they have encountered to settling the dispute in the past
6. list three ideas which the parties would propose for overcoming the perceived obstacles to settlement

Documentary evidence deemed important to a party’s position should also be provided with the briefs or statements.

Before the mediation conference, please consider the following

What are you intending by your opening offer or demand?

Why would the other parties be interested in this proposal?

What do you think the other parties are prepared to give or accept

What is your best- and worst-case scenarios if the case is fully

Please be prepared to clarify your interests and positions. Depending on the situation, joint meetings or individual caucuses will be held as needed. If a joint session is held, the objective is not to “prove” your case, but rather to reason together and explore mutual interests and the facts. During private caucus sessions, parties may exchange information relevant to resolving the issue that they choose not to reveal during direct negotiations.

David will apply creative approaches to ensure fair and impartial mediation. He will focus on assisting the parties in gaining a better understanding of their own issues and interests and those of the other parties.

It is imperative that the mediation conference be attended by all people whose consent is necessary to resolve the dispute.

It is the intent of the parties and the mediator that all proceedings before, during and after the mediation conference be confidential, and that they are not discoverable or admissible as evidence in any pending or later filed civil action involving the parties. Evidence which would otherwise be admissible shall not be rendered inadmissible by its use in connection with mediation

Before the mediation conference, please consider the following issues:

It is imperative that the mediation conference be attended by all persons whose consent is necessary to a resolution of the dispute.